DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE DR SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR08357-13
22 September 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 26 February 1965 after more than
four years of prior honorable service. You received the
following disciplinary actions: on 29 Sune 1965, you received
nonjudicial punishment (NJP} for unauthorized absence (UA) and
willful disobedience; on 10 March 1966, you received NUP for UA;
on 25 November 1966, you were found guilty in civil court of
- driving under the influence of alcohol and driving with a revoked
license; and on 28.February 1967, you were convicted at a special
court-martial of six specifications of UA and breaking.
restriction. Your sentence included a bad conduct discharge
(BCD). Therefore, on 14 July 1967, after appellate review, you
received a BCD and an RE-4 (not recommended for retention)
reenlistment code.
However, on 12 March 1975, the Naval Discharge Review Board
(NDRB) upgraded your BCD to a general discharge for the
convenience of the government. The NDRB reasoned that had you
Docket No.NROS357-i3
been separated in 1975, you would have been a prime candidate for
the Navy's alcohol rehabilitation program.
- The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, the NDRB's upgrade in your
characterization of service, and your claim of being an
alcoholic. However, the Board concluded these factors were not
sufficient t@ warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board
believed you were fortunate to have received a characterization
upgrade from the NDRB. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new evidence
within one year from the date of the Board's decision. New
evidence is evidence not previously considered by the Board prior
to making its decision in this case. In this regard, it is
important to keep in mind that a presumption of regularity
attaches to all official records. Consequently, when applying
for a correction of an official naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
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